New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Acquittal vs retrial

Legal area

Court

17 Oct 2022

GRIFFIN v R [2022] NZHC 2686

Citation

[2022] NZHC 2686
Court

High Court

The strangulation conviction was quashed and an acquittal directed because the Judge's reasons were insufficient to establish mens rea and that finding was not open on the evidence; the appeal against the assault conviction was dismissed; no retrial ordered as it would not be in the interests of justice.
19 Jun 2019

WILMSHURST-RETI v R [2019] NZCA 233

Citation

[2019] NZCA 233
Court

Court of Appeal

Where this Court set aside a conviction because the evidence was insufficient to sustain it, the proper and orthodox exercise of its s 233 and inherent powers was to enter a judgment of acquittal rather than order a retrial; the Court therefore recalled its prior judgment and substituted an acquittal.